Guardian duties

The Guardianship and Administration Act 2000 sets out a number of duties for guardians. They include the duty to:

  • act honestly and with reasonable diligence
  • act according to QCAT’s decisions as described in the written order
  • Avoid conflict transactions

Guardians must abide by the general principles and also apply the health care principles of the Act.

If there are two or more guardians they have a duty to:

  • act jointly unless QCAT orders otherwise
  • consult with the other guardians and any administrators regularly to ensure that the adult’s interests are not prejudiced by a breakdown of communication.

Length of appointment

QCAT may appoint a guardian for a period of up to five years. Appointments are reviewed before the end of the appointment or earlier if QCAT considers it necessary.

In all cases, QCAT must review the appointment of a guardian according to the terms of the order. Appointments may be reviewed before this period if QCAT considers it necessary.

QCAT can also review an appointment if someone has applied for a review based on:

  • the actions of a guardian
  • any new or relevant information about the adult's circumstances that may affect the appointment.

A guardian for restrictive practices can only be appointed for a maximum of two years.

Private Guardian Support

If you have been appointed as a guardian, you can find out more about the process and requirements from the Private Guardian Support.

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.